Monday, June 29, 2009

About half of the remaining detainees have been reviewed for prosecution or release, it added, while the other half "present the greatest difficulty" because they cannot be prosecuted in either a federal court or a military trial.

Evidence against these detainees is either classified, was provided by foreign intelligence services or was obtained through harsh interrogation techniques approved by former president George W. Bush.

If you can't try them because Bush tortured them, say so, and then start prosecuting the Bush administration. This "solution" isn't remotely legal, much less ethically tenable.